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56 articles found
Special Masters: How To Make the Best of Both Worlds, Part IV
By Merril Hirsh, James M. Rhodes, Karl Bayer - December 23, 2014
In Part Three we urged that, notwithstanding rules, admonitions and the fervent desire for efficient resolution of disputes, our current system of litigation creates incentives to drive up the costs of litigation. So how do we change these incentives?
Special Masters: How to Make the Best of Both Worlds, Part III
By Merril Hirsh, James M. Rhodes, and Karl Bayer - December 10, 2014
In Part Two we urged that, while rule changes can be of some help in getting parties in litigation to a fair and efficient resolution, they are not a complete solution. Our concern is that fundamentally, changing rules changes how the game is played, not the fact that it is a game. We said we need a change that changes the incentive to play itself and suggested that Special Masters can change these incentives. OK, money where your mouth is time:
Managing Litigation: The Benefits of Early Intervention
By Karl Bayer - December 3, 2014
Disputing would like to congratulate our friend Paul M. Lurie, Partner at Schiff Hardin LLP, on his recent participation in a New York Law School CLE entitled, “Managing Litigation: The Benefits of Early Intervention.”
Special Masters: How to Make the Best of Both Worlds, Part II
By Merril Hirsh, James M. Rhodes & Karl Bayer - November 20, 2014
OK, so in Part One we all agreed that we need to give people a better choice than the one between a system of civil litigation that does a great job of permitting appeals, but is perceived to be, or is, too cumbersome or expensive to resolve disputes; and a system of arbitration that, one hopes, is cheaper, but does not permit, at least the judicial appeal that parties might wish to have available if the arbitrator gets it “wrong.”
Special Masters: How to Make the Best of Both Worlds, Part I
By Merril Hirsh, James M. Rhodes & Karl Bayer - November 12, 2014
An article in the Spring 2014 issue of the ABA’s Dispute Resolution reports on the sad results of a 2011 Fortune 1000 ADR survey. The survey updated a 1997 study. The bottom line: in 1997, Fortune 1000 companies, tired of the expense and inefficiency of litigation, were overwhelmingly interested in using arbitration. In 2011, Fortune 1000 companies, tired of the expense and inefficiency of arbitration, were really more interested in mediation.
The Impact of Chief Justice Jefferson’s State of the Judiciary Speech
By Karl Bayer - June 24, 2013
In March, Texas Supreme Court Chief Justice Wallace B. Jefferson presented his State of the Judiciary speech before the 83rd Texas Legislature in Austin. Earlier this month, Disputing published the entire text of his speech in a series of three posts.
12 Ways to Achieve Efficiency and Speed in Arbitration
By Karl Bayer - June 17, 2013
Disputing would like to bring to your attention a useful article written by Houston-based International Arbitrator and Distinguished Neutral Gary McGowan entitled, 12 Ways to Achieve Efficiency and Speed in Arbitration, Corporate Counsel (April 12, 2013).
Part Three: Thoughts on the Constitutionality of the Delaware Arbitration Program
By Karl Bayer - June 10, 2013
This is the final installment in a three-part overview of Pepperdine University School of Law Professor Thomas Stipanowich’s newly published paper entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program,” Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10.
Part Two: A Constitutional Challenge to the Delaware Arbitration Program
By Karl Bayer - June 7, 2013
The following is Part Two of a three-part overview of Professor Thomas Stipanowich’s recently published article entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program,” Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10. Part One provided a brief overview of the Delaware Arbitration Program.
Part III: State of the Judiciary
By Karl Bayer - June 6, 2013
On March 6th, Texas Supreme Court Chief Justice Wallace B. Jefferson presented his State of the Judiciary Speech before the 83rd Texas Legislature. Due to the length of the speech, Disputing published the speech in three parts.
Here is Part III:
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